viii
April 2008
NAVIGON, INC.
Revision 1.0
ADDITIONAL TERMS AND CONDITIONS OF USE RELATING TO THE TOTAL TRAFFIC NET-
WORK DATA PROVIDED WITH YOUR NAVIGON PRODUCT:
A.
Total Traffic Network, a division of Clear Channel Broadcasting, Inc., holds the rights to
the traffic incident data and RDS-TMC network through which it is delivered. You may not modify,
copy, scan or use any other method to reproduce, duplicate, republish, transmit or distribute in
any way any portion of traffic incident data. You agree to indemnify, defend and hold harmless
Clear Channel Broadcasting, Inc. (and its affiliates) against any and all claims, damages, costs or
other expenses that arise directly or indirectly out of (1) your unauthorized use of the traffic inci-
dent data or the RDS-TMC network, (2) your violation of this directive and/or (3) any unauthorized
or unlawful activities by you in connection herewith.
B.
Total Traffic Network traffic data is informational only. User assumes all risk of use. Total
Traffic makes no representations about content, traffic and road conditions, route usability, or
speed.
C.
TOTAL TRAFFIC NETWORK TRAFFIC DATA IS PROVIDED "AS IS," AND "WHERE IS".
TOTAL TRAFFIC NETWORK EXPRESSLY DISCLAIMS ALL WARRANTIES OR WITH
RESPECT TO THE TRAFFIC DATA (INCLUDING, WITHOUT LIMITATION, THAT THE TRAFFIC
DATA WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION), EXPRESS,
IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE,
OR THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
D.
TOTAL TRAFFIC NETWORK WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT,
SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES (INCLUDING, WITH-
OUT LIMITATION, LOST REVENUES, ANTICIPATED REVENUES, OR PROFITS RELATING TO
THE SAME) ARISING FROM ANY CLAIM RELATING DIRECTLY OR INDIRECTLY TO USE OF
THE TRAFFIC DATA, WHETHER A CLAIM FOR SUCH DAMAGES IS BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABIL-
ITY).
E.
IN SOME AREAS A PORTION OF THE TRAFFIC INFORMATION IS PROVIDED BY
INRIX, INC. AND (IN CERTAIN STATES) VIRGINIA DEPARTMENT OF TRANSPORTATION,
UDOT COMMUTERLINK™, AND/OR LOS ANGELES METRO AND CALTRANS. ALL RIGHTS
RESERVED.
NOTICE REGARDING NAVIGON FRESHMAPS FEATURE:
Internet access is required to use the FreshMaps feature on your NAVIGON enabled product.
Download performance can vary based on bandwidth speeds. When applicable, your NAVIGON
FreshMaps subscription includes three years of complimentary map downloads (up to twelve
sequential map updates). For NAVIGON FreshMaps accessory activation cards purchased, you
must register your product at www.navigon.com/freshmaps within 60 days from the date of pur-
chase of the accessory to qualify for updates. NAVIGON may require that software upgrades be
